Ritter v. First National Bank
Missouri Court of Appeals
Appeal from the Greene Circuit Court, Hon. W. D. Hubbard, Judge. The court .-•erred in permitting the plaintiff and his witness to testify to matters utterly irrelevant, immaterial, and collateral to any issue op trial and before the jury. Ritter v. Rank, 87 Mo. 574; 1 Greenl. Evid. [12 Ed.]p. 63, sec. .52; State v. Rrassfield, 81 Mo. 157; State to use n. Rank, 10 Mo. App. 482; Siumpf v. Mueller, 17 Mo.
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Appeal from the Greene Circuit Court, Hon. W. D. Hubbard, Judge. The court .-•erred in permitting the plaintiff and his witness to testify to matters utterly irrelevant, immaterial, and collateral to any issue op trial and before the jury. Ritter v. Rank, 87 Mo. 574; 1 Greenl. Evid. [12 Ed.]p. 63, sec. .52; State v. Rrassfield, 81 Mo. 157; State to use n. Rank, 10 Mo. App. 482; Siumpf v. Mueller, 17 Mo. App. 283. Until a witness’ testimony is impeached by ¡showing his character or memory to be bad by testimony going to that issue, evidence to bolster him cannot be .admitted. State v. Cooper,…
1Opinion of the CourtRombauer, P. J.
The defendant is a bank of deposit, and the plaintiff was one of its depositors, and claimed that om December 22, 1881, he deposited with defendant on current account, two hundred dollars, which the defendant refused to repay to him on demand, alleging that no> such deposit was ever made. Thereupon plaintiff', brought this action.
The case was tried twice, each trial resulting in a' verdict for plaintiff. After the first judgment the cause-was appealed to the Supreme Court, and that court reversed the judgment for the reason that counsel for plaintiff had improperly commented in his address…
2Cases cited2 opinions
- Ritter v. First National BankSupreme Court of Missouri · 1885
- Estes v. FryMissouri Court of Appeals · 1886